Video chapters
Quick answer
You ordinarily cannot file an Australian divorce application until you have been separated for at least 12 months and 1 day. Separation can occur under one roof, but extra affidavit evidence may be required; other eligibility, service and child-arrangement requirements should also be checked before filing.
About this historical recording
This recording is retained because it explains the issue in plain language and forms part of the Go To Court video archive. The current answer, practical steps and official sources on this page take priority wherever legislation, terminology, institutions, deadlines, penalties or service arrangements have changed.
What to do now
- Record separation: Keep the date and evidence of when at least one spouse communicated that the marriage was over.
- Count carefully: Do not sign and file until the required 12 months and 1 day has elapsed.
- Prepare extra evidence: If living under one roof during the period, prepare the affidavits and corroborating evidence the Court requires.
- Check the full application: Confirm eligibility, certificate, service, children’s arrangements and any connected property time limits.
Transcript
In order to obtain a divorce you need to be separated for 12 months, so you can be still living in the same house but you just need to live separately and apart. Once you've been living separately and apart for 12 months then you can apply to the family court and you can also make an appointment with one of our family lawyers that can help you in making that application for a divorce.
Current sources
Sources checked 4 September 2026.
Important
This page provides general information only; it is not legal advice and does not take account of your circumstances. The embedded video is a historical recording. Laws, court arrangements, procedures, fees, deadlines and official guidance can change. Check the current sources above and obtain advice from a qualified lawyer about your situation.